Conclusion
This is the continuation of Atty. Lorna Patajo-Kapunan’s column on Monday, where she discussed what the SOGIE bills pending in both houses of Congress seek to accomplish.
k) Publish information intended to “out” or reveal the sex, sexual orientation, or gender identity of persons without their consent, when such has not been made known by the person/s concerned, and has been made with malicious intent or is primarily motivated by a desire for commercial profit;
l) Engage in public speech, except religious speech (remarks and comments made in the context of a religious service, ceremony and activity), meant to shame, insult, vilify, or which tends to incite or normalize the commission of discriminatory practices against LGBTIQs, and which acts or practices in turn, intimidate them or result in the loss of their self-esteem.
m) Subject persons or groups of persons to harassment generally defined as such unwanted conduct, pattern of conduct, act, or series of acts which tend to annoy, insult, bully, demean, offend, threaten, intimidate, alarm, or create a hostile or emotionally distressing environment, or put them in fear of their safety; and which behavior is motivated in whole or in part by the offender’s bias, belief, or perception regarding the offended party’s gender, sexual orientation, gender identity or expression, regardless of whether the belief or perception is correct. Such prohibited act may include physical assault, stalking, or making derogatory comments, slurs or lewd propositions, and may be conducted through any form of medium, including but not limited to, visual representation, broadcast communication, correspondence or communication through mail or any telecommunication device, or through the Internet or cyberspace;
n) Subject any person to gender profiling or to any investigatory activities, which include (1) unnecessary, unjustified, illegal, or degrading searches to determine whether an individual is engaged in an activity presumed to be unlawful, immoral, or socially unacceptable; (2) recording and analyzing a person’s psychological and behavioral characteristics to make generalizations about a person’s sexuality or to assist in identifying a particular subgroup of people’s sexual orientation or gender identity;
o) Prevent a child under parental authority, custody, or guardianship from exhibiting or expressing one’s sexual orientation or gender identity; or manifesting rejection of such child’s sexual orientation or gender identity or expression inflicting or threatening to inflict bodily of physical harm against the child or by causing mental or emotional suffering of the child through intimidation, harassment, public ridicule or humiliation, repeated verbal abuse, or other similar means, or in general, commit any act or omission prejudicial to the welfare and interest of the child as a result of the bias against the sexual orientation or gender identity of the child;
p) Subject a person to any other analogous acts that shall have the effect or purpose of impairing or nullifying the enjoyment, recognition, or exercise of a person’s rights and freedoms.
Penalties imposable, upon conviction, range from a fine of P200,000 to P500,000 or imprisonment of not less than one year but not more than 12 years at the discretion of the court. If any civil, criminal or administrative offense not falling under this Act is committed and proven to be attended by any prohibited discriminatory practice, the offense shall be qualified aggravating circumstance and the penalty applicable shall be in its maximum period.
Administrative sanctions shall likewise be imposed for willful refusal of a government official whose duty is to investigate, prosecute or otherwise act on a complaint for violation of the Act to perform such duty without a valid ground. The proposed bills likewise provide for programs to promote nondiscrimination and diversity, such as social protection programs, diversity programs and policies, information and education campaigns.
While compared to other countries we appear to have a tolerant and friendlier attitude towards the LGBTIQ++ Community, this is not enough. Respect for their equal rights and their right to human dignity must be institutionalized through legislation. Must we wait for another toilet incident?